Senate Bill 326
Relating to: the deceptive or misleading use of the name of a state-chartered bank, savings bank, savings and loan association, or credit union, the deceptive or misleading use of a name that is deceptively similar to the name of a state-chartered bank, savings bank, savings and loan association, or credit union, and providing a penalty.
Introduction and adoption of Senate Amendment 1.
Ayes, 5 - Senators
Schultz, Brown, Kedzie, Hansen and Lassa.
Noes, 0 - None.
Passage as amended.
Ayes, 5 - Senators
Schultz, Brown, Kedzie, Hansen and Lassa.
Noes, 0 - None.
Dale Schultz
Chairperson
The committee on Economic Development, Job Creation and Housing reports and recommends:
Assembly Bill 508
Relating to: the income and franchise tax credit for sales tax and use tax paid on fuel and electricity consumed in manufacturing.
Concurrence.
Ayes, 4 - Senators
Stepp, Roessler, Brown and Plale.
Noes, 1 - Senator
Moore.
Cathy Stepp
Chairperson
The committee on Senate Organization reports and recommends:
Senate Joint Resolution 49
Relating to: the life and patriotic service of Christopher Glenn Mueller.
Adoption.
Ayes, 5 - Senators
Panzer, A. Lasee, Zien, Erpenbach and Hansen.
Noes, 0 - None.
Senate Joint Resolution 51
Relating to: proclaiming March 30, 2004, as Sauk City Day in Wisconsin.
Adoption.
Ayes, 5 - Senators
Panzer, A. Lasee, Zien, Erpenbach and Hansen.
Noes, 0 - None.
S539
Senate Joint Resolution 53
Relating to: commending the life and public service of Officer Richard A. Meyer.
Adoption.
Ayes, 5 - Senators
Panzer, A. Lasee, Zien, Erpenbach and Hansen.
Noes, 0 - None.
Senate Joint Resolution 54
Relating to: the retirement of Pat Coakley following a long and dedicated career in the service of the Wisconsin legislature as a member of the Joint Legislative Council Staff.
Adoption.
Ayes, 5 - Senators
Panzer, A. Lasee, Zien, Erpenbach and Hansen.
Noes, 0 - None.
Senate Resolution 25
Relating to: notifying the assembly and the governor that Robert J. Marchant is the senate chief clerk.
Adoption.
Ayes, 5 - Senators
Panzer, A. Lasee, Zien, Erpenbach and Hansen.
Noes, 0 - None.
Mary Panzer
Chairperson
__________________
State of Wisconsin
January 8, 2004
The Honorable, The Senate:
Please add my name as a cosponsor of 2003 Assembly Bill 395.
Sincerely,
Tom Reynolds
State Senator
State of Wisconsin
Claims Board
December 23, 2003
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on December 5, 2003.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s.
16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
John E. Rothschild
Secretary
STATE OF WISCONSIN CLAIMS BOARD
The State Claims Board conducted hearings at the Department of Administration Building, St. Croix Room, Madison, Wisconsin, on December 19, 2002, upon the following claims:
Claimant Agency Amount
1. Linda Kilgore Corrections $8,578.89
2. Deborah A. Axelson Workforce $20,778.68
Development
3. Brandy C. Solomon Workforce $74,880.00
Development
4. Market & Johnson Administration $7,569.00
5. David F. Kral Revenue $1,771.06
6. Joyce D. Roettgen Health and $1,052.10
Family Services
In addition, the following claims were considered and decided without hearings:
Claimant Agency Amount
7. Kwangbae Kim University of $131.88
Wisconsin
8. Oscar I. Winger Transportation $1,043.26
The Board Finds:
1. Linda Kilgore of Cameron, Wisconsin claims $8,578.89 for vehicle and property damage allegedly related to her employment as a Probation and Parole Agent with DOC. The claimant states that she served one of her offenders with revocation papers, at which time he threatened her. The revocation hearing was scheduled for 9:00 a.m. on July 12, 2002. Around 3:00 a.m. on July 11, 2002, someone propped a lit propane torch under the gas tank of claimant's vehicle, which was parked in the driveway of her residence. The ensuing explosion and fire destroyed the vehicle and various personal items stored in the car, a tree and five bushes, damaged the driveway, and caused smoke damage to the home. An individual named Scott Ristow is suspected in the crime. The claimant states that Mr. Ristow has strong connections to Loren Purintun, the offender scheduled for revocation on July 12. The claimant believes that Mr. Purintun arranged the arson in retaliation for his revocation. The claimant received a settlement payment of $5,164.25 from her homeowner's insurance, but alleges that her actual damages totaled $13,743.14. The claimant states that she accepted the insurance payment under protest because she had to purchase a replacement vehicle for her family because the vehicle destroyed was their only car and they do not have access to public transportation. The claimant believes that the connection between Mr. Ristow and Mr. Purintun proves that this arson was a direct result of her actions as a Probation and Parole Agent and believes that DOC should reimburse her for her uninsured damages.
S540
DOC recommends denial of this claim and believes the claimant has already been properly compensated by her insurer. DOC points to insurance payments as follows: 1) Claim for tree removal - $472. Insurance payment $450.00. 2) Claim for driveway replacement -$5058.00. The claimant's insurer limited payment to replacement of the actual damaged portion of the driveway, not the entire driveway as claimant claimed. The insurer paid the claimant $1160 to replace the damaged part of the driveway. 3) Claim for replacement trees and bushes-$2321. The cost of replacing the destroyed bushes, $1500, was completely covered by the claimant's insurance. Replacement of the destroyed tree was limited to $500, per the claimant's policy. Total insurance payment for tree and bush replacement was $2150. 4) Claim for pressure wash of roof, soffit and driveway - $890. The claimant's insurance payment included $1016.25 for "additional subcontractor allowances and labor allowances" which DOC believes would include these costs. 5) Claim for rake, hose, degreaser - $18.59. The claimant's insurer also included a $120 payment to reimburse the claimant for her personal efforts to clean her property, which DOC believes would include these costs. 6) Claim for personal property in automobile - $483. The claimant's insurance reimbursed her $268 for personal property destroyed along with her automobile, however, vehicle floor mats and the 30 cassette tapes allegedly destroyed were not covered pursuant to the claimant's insurance policy. 7) 94 Mercury Cougar - $4500 Blue Book value. According to the claimant's documentation, she had no insurance on the vehicle. DOC believes that this is a very unfortunate incident but that the claimant has been appropriately reimbursed. Since the crime remains under investigation and no charges have been filed, no definitive proof exists to clearly link the incident to the claimant's employment. Finally, DOC states that even were such a link eventually established, it is the person responsible for the crime who should be held accountable for the claimant's damages and she could seek payment under Chapter
949, Wis. Stats.
The Board concludes the claim should be paid in the reduced amount of $4,500.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Corrections appropriation s.
20.410(1)(b), Stats. The Board further concludes that, in the event that the claimant is able to obtain reimbursement in the future for losses caused by third parties, the Department of Corrections may seek reimbursement of the funds expended from appropriation s.
20.410(1)(b), Stats.
2. Deborah A. Axelson of Waupun, Wisconsin claims $20,778.68 for unpaid wages related to a wage complaint filed with DWD in May 1999 against Brooks Ambulance, Inc. In February 2000 DWD concluded that Brooks Ambulance owed the claimant the wages in question. Brooks refused to pay the wages and in September 2000 DWD referred the case to the Columbia County DA, requesting that he commence an action against Brooks. The claimant believes that from this point onward, Jill Komarek, the DWD investigator deliberately stalled by not responding to requests for information from either the claimant's attorney or the DA's office. The claimant states that Mr. Sarbacker wrote DWD in February 2002 requesting additional investigation by DWD but that Ms. Komarek did not cooperate. The claimant believes that Ms. Komarek was somehow in collusion with Brooks Ambulance to stall the case. The claimant questions why DWD did not file a lien on Brooks' assets after the company refused DWD's order to pay the claimant's wages. The claimant also believes that Ms. Komarek did not follow up properly after Brooks refused other requests made by DWD. The claimant points to the fact that another individual with a wage claim against Brooks has already been paid.
